The State Information Commissioner must provide a reasoned order and ensure both parties are heard in RTI appeals, adhering to principles of natural justice.

JUDGMENT

Mr. Vikas Bahl, J. (Oral)

This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of certiorari for quashing of impugned order dated 07.08.2023 (Annexure P-12) passed by respondent no.2 whereby appeal bearing no.2841 of 2021 titled as "Gurnam Singh v. Public Information Officer Sub Division Nabha and another" filed by the petitioner has been disposed of and the case has been closed in his absence.

2. Learned counsel for the petitioner has submitted that vide application dated 01.02.2021 the petitioner had applied under the Right to Information Act seeking information on 10 points. It is further submitted that when the complete information was not provided, the petitioner had filed the first appeal and thereafter, second appeal was filed and in the said appeal, various orders were passed including the order dated 20.07.2022 in which direction was given to the respondent authorities to file reply/written submission. It is submitted that when the matter came up for hearing on 07.08.2023 in the presence of the petitioner, one last opportunity was given to the respondent to file reply and the case was adjourned for 13.09.2023 as the respondent was absent and the present petitioner was present. It is further submitted that thereafter, behind the back of the petitioner, the respondent appeared and the matter was taken up again and the reply was submitted by the respondent and the State Information Commissioner, Punjab, without passing any speaking order and by merely mentioning that the authority had gone through the reply and agreed with the reply, disposed of the case. It is stated that apart from the fact that the impugned order is in grave violation of the principle of natural justice, the same is also against various judgments passed by this Court including judgment of this Court passed in CWP-17672-2023 titled as "Rajwinder Singh v. State of Punjab and others" decided on 16.08.2023 and thus, at any rate, the impugned order deserves to be set aside and the second appeal filed by the petitioner deserves to be decided after hearing the petitioner and after considering the judgment passed by this Court in Rajwinder Singh's case (supra) by passing a speaking order.

3. Learned State counsel has submitted that the State Information Commissioner, Punjab would reconsider the matter and decide the second statutory appeal, in accordance with law and also the directions issued by this Court in Rajwinder Singh's case (supra) and other related matters, by passing a speaking order after hearing the petitioner, expeditiously.

4. This Court has heard learned counsel for the parties and has perused the paper book.

5. The impugned order dated 07.08.2023 is reproduced hereinbelow:-

"ORDER

This order may be read with reference to the previous order dated 28.07.2023.

2. The perusal of the file shows that on the previous date of hearing, the appellant had given in writing that he does not need the amount of compensation. The same has been mentioned in the orders dated 28.07.2023. Hence, the amount of compensation is, hereby, waived of. Further, it is observed that the appellant has filed his submission in the Commission. I have gone through the same and do not agree with the same and hence the plea of the appellant is rejected.

3. The respondent is absent today.

4. Taking a lenient view, one last opportunity is given to the respondent to file point wise reply.

5. To come up on 13.09.2023 at 12.00 PM for further proceedings in the Commission.

Copy of the order be sent to the parties.

Date: 7th August, 2023

Sd/-

(Amrit Partap Singh Sekhon)

State Information Commissioner

Punjab

Note: After the order was dictated in the open court, the respondent Sh. Khush Pal Singh, SDE appeared alongwith point-wise reply. I have gone through the same and have agreed. Copy of the reply, as submitted by the respondent be sent to the appellant alongwith these ord